ABBURI VARA PRASAD Vs. PADALA SATYANARAYANA REDDY

JUDGEMENT

(1.) The present Revision Petition has been preferred aggrieved by the Orders dtd. 28/10/2021 in I.A.No.117 of 2021 in O.S.No.198 of 2021 on the file of the Court of the VI Additional Senior Civil Judge, Visakhapatnam, Visakhapatnam District.

(2.) Heard Mr.Venkateswara Rao Gudapati, learned counsel for the petitioner and Mr.T.D.Phani Kumar, learned counsel for the respondents.

(3.) The petitioner herein is the defendant in the above referred suit filed by the respondents/plaintiffs seeking recovery of an amount of Rs.43,91,880.00 from him. In the said suit, the respondents/plaintiffs filed an application in I.A.No.117 of 2021 under Order XXXVIII, Rule 5 of the Code of Civil Procedure (hereinafter called as CPC?) seeking a direction to the petitioner/defendant to furnish security for the suit amount within the time fixed by the Court, failing which to order conditional attachment of the petition schedule property before Judgment. The petitioner/defendant resisted the said application by filing a detailed counter. The learned Trial Judge after referring to the contentions advanced on behalf of the respective parties and after noting that the direction of the Court dtd. 7/7/2021 to the petitioner/defendant to furnish security for the suit amount or to show cause why the attachment should not be made within 72 hours from the time of receipt of the Order was not complied with and failed to furnish any security to the suit amount, passed an Order dtd. 28/10/2021 allowing the attachment in respect of item No.2 of the petition schedule property before Judgment, while setting aside the ad interim attachment Order dtd. 7/7/2021, in respect of item No.1 of the petition schedule property is concerned. Aggrieved by the said Order, the present Revision came to be filed.